POSC 130g Critical Book Review Assignment - Critical Book...

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Critical Book Review AssignmentLucas WhitemanGideon’s TrumpetPOSC 130gGideon’s Trumpet Critical ReviewThe United States undoubtedly is home to one of the most complex, confusing and unique legal systems in the world. There are few places where someone who believes they have been unfairly convicted of a crime, or denied the full benefits of their rights, can appeal the courts decision to a higher authority. Years of debate and thousands of hours have been invested into understanding this facet alone of our legal system. Millions of court cases are filed every year and only a fraction are “important,” or lucky, enough to reach the Supreme Court, and an even smaller fraction of those cases are actually appealed. Marc Galanter’s theory, when watered down, states that there are two types of players in the game that is a lawsuit. According to Galanter there are the “haves,” and the “have-nots.” The “haves” are characterized as the repeat player. The “have-nots” are characterized as the one shotter. The “haves” have access to superior resources than the “have-nots,” they are economically and, with respects to law, intellectually superior, in addition they typically posses specific legal experience with accordance to the case at hand.Glanter’s theory is accurate in its conclusion that the “haves” most often come out ahead, and the “have-nots” most often fall short. The theory however, is incomplete in its conclusion that the “haves” are always the repeat player and thus come out ahead, and the “have-nots”, are always the one shotter and thus fall short. In order to further investigate this apparent flaw in the theory one must examine this idea in practice by looking at the American legal system and significant cases therein.
Critical Book Review AssignmentLucas WhitemanGideon’s TrumpetPOSC 130gGideon’s Trumpetby Anthony Lewis illustrates a classic example of the “have” versus the “have-not.” While doing so the book challenges Marc Galanter’s argument that the repeat player always comes out ahead and that the one shotter always fails. Gideon was a textbook “have-not,” and we went on to change U.S. law, his story functions to illustrate the falseness of the dichotomy of “haves” and “have-nots.” As Gideon challenged the law, his case challenges this theory.Clarence Earl Gideon is the epitome of a one shotter, and a “have-not,” He posses relatively no money and no legal education to his name. In addition Gideon’s freedom is at stake in this trial. He is not an unusually intelligent man, but certainly not a learned one. These characteristics place Gideon perfectly into the role of the one shotter. When arrested for breaking and entering to commit a misdemeanor theft, Gideon is left helpless.

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